Question
Make a substantive contribution to the following analysis: It is really unacceptable that in the educational system there are such negative behaviors as negligence and
Make a substantive contribution to the following analysis: It is really unacceptable that in the educational system there are such negative behaviors as negligence and educational malpractice. They are terms that are often used interchangeably, since because they share certain similarities, many people believe that they are the same thing. However, what a lot of people don't understand is that these terms refer to very specific things that are worth distinguishing. Negligence is a more encompassing concept, within which malpractice can be included; since this last term has a much more limited definition and connotation. But specifically educational neglect involves the failure of a parent or caregiver to enroll a school-age child in a school, not registering or enrolling a school-age child, causing the child to miss at least one month of classes in the school, without valid reason, refuse to allow or refrain from obtaining remedial educational services to obtain or continue treatment for a child's diagnosed learning disorder or other special education need, without reasonable cause and habitually permitting truancy from school , with an average of at least five days a month if the father, mother or legal guardian is informed of the problem and does not try to intervene, not provide home education. Legal Copyright (2021). However, all of the aforementioned refers to the negligence on the part of the student's guardian, who may be the father, the mother or another person who legally has the responsibility for the upbringing and education of a child. But there is also negligence on the part of teachers since on many occasions students with bad behavior may be transmitting negative family situations that can range from living in an environment of domestic violence to being victims of child abuse within a totally family dysfunctional; and the teacher, instead of jointly with the appropriate school authorities, investigate the causes of a student who is apathetic, restless or with bad habits, to take measures in this regard aimed at helping the child, what he does is punish and / or expel him from the lessons. On the other hand, there are bad practices such as teachers who remain seated throughout the class forgetting that the dynamics with which the teaching-learning process is carried out is essential to encourage the student to participate. Conduct evaluations only through written tests and forget about diagnostic evaluations to check whether the student is learning or not. Due to all this, there have been cases such as Donohue v. Copiague Union Free School District 64 A.D.2d 29. This appeal took place in 1978, in which a complaint is made seeking monetary compensation. Appellant, who entered Copiague Senior High School in 1972 and graduated in 1976, alleges that despite receiving a graduation certificate he lacks the ability to read basic English, which prevents him from filling out applications for employment. The appellant attributes this deficiency to the defendant's failure to perform his duties to teach the appellant; that he did not take the appropriate means and precautions in those circumstances, that he did not provide him with school facilities, teachers, psychologists and trained personnel to evaluate his intelligence and intellectual absorption. To repair his injury, the appellant asks for the sum of $ 5,000,000. The court does not consider claims of this nature, because the control and management of educational affairs belong to the school district, so it does not issue educational judgments or review the implementation of educational policies; thus he dismissed the lawsuit for not presenting a cause of action. The Appeals Chamber of the Supreme Court upheld that decision, establishing that the school board did not intend to impose a local school district duty on individual students, the failure of which would entitle the student to compensatory damages. Last but not least, it is necessary to emphasize that if the schools ensure that they have teachers committed to their work among their faculty and the director is a leader capable of involving the family in the educational process of the students, negligence cases would be largely avoided and educational malpractices eradicated.
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